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TENEYCK, INC. v. ROSENBERG

650853/12.

39 Misc.3d 194 (2013)

957 N.Y.S.2d 845

2013 NY Slip Op 23017

TENEYCK, INC., Formerly Known as NEILL SUPPLY CO., INC., Plaintiff, v. ROBERT D. ROSENBERG, Defendant.

Supreme Court, New York County.

January 10, 2013.

Attorney(s) appearing for the Case

Wilentz Goldman & Spitzer, P.S., Woodbridge, New Jersey ( Willard C. Shih of counsel), for defendant. Fox Rothschild, LLP, New York City ( Ernest E. Badway of counsel), for plaintiff.

OPINION OF THE COURT

BARBARA R. KAPNICK, J.

Defendant Robert D. Rosenberg moves, pursuant to CPLR 3211 (a), for an order dismissing the complaint, which alleges one cause of action for faithless servant and a second cause of action for breach of employee fiduciary duty. Defendant argues that the complaint is barred by the doctrine of in pari delicto, the ratification doctrine and that the claims are time-barred...

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